ARIZONA STATE SENATE

RESEARCH STAFF

TO:                                   MEMBERS OF THE SENATE

                                              EDUCATION COMMITTEE

DATE:                       March 19, 2021

SUBJECT:           Strike everything amendment to H.B. 2494, relating to clergy; priests; duty to report

Purpose

                      Requires a clergy member, Christian science practitioner or priest to report, to specified entities, that a person is committing, or going to commit, child abuse or neglect. Allows a member of the clergy or priest to be examined as a witness in a litigation involving ongoing abuse.

Background

                      Statute requires any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by other than accidental means to immediately report or cause reports to be made of this information. The report must be made to a peace officer, to the Department of Child Safety (DCS) or to a tribal law enforcement or social services agency for any Indian minor who resides on an Indian reservation. If the report concerns a person who does not have care, custody or control of the minor, the report may only be made to a peace officer (A.R.S.   13-3620).

                      A clergy member, Christian science practitioner or priest who has received a confidential communication or confession regarding child abuse, physical injury or neglect while serving in their role in the course of the discipline enjoined by the church may withhold reporting if it is reasonable and necessary within the concepts of the religion (A.R.S.   13-3620).

                      Further, a clergy member, Christian science practitioner or priest cannot be examined as a witness in any civil or criminal litigation related to child neglect, dependency, injury, abuse or abandonment concerning any confession. In any civil action, a clergy member or priest cannot, without the consent of the person making the confession, be examined related to any confession made in the course of the discipline enjoined by the church (A.R.S.     13-3620 and 12-2233).

                      There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

Duty to Report

1.   Requires a clergy member, Christian science practitioner or priest who has knowledge or a reasonable suspicion to believe that a person is committing, or may commit, child abuse or neglect to immediately report to:

a)   a peace officer;

b)   DCS; or

c)   a tribal law enforcement or social service agency for any Indian minor residing on an Indian reservation.

2.   Directs reports of child abuse or neglect concerning a person who does not have care, custody or control of the minor be reported to only a peace officer.

3.   Requires a clergy member, Christian science practitioner or priest to report a communication or confession if there is reasonable suspicion to believe that abuse to a minor is ongoing, will continue or may be threat to other minors.

Litigation Examination

4.   Allows a clergy member or a priest to be examined in a civil action regarding a confession if the clergy member or priest determines that the confession involves ongoing abuse.

5.   Removes the ability to examine a clergy member or a priest in a civil action regarding a confession with the consent of the person making the confession, unless the confession involved ongoing abuse.

6.   Allows a clergy member, Christian science practitioner or priest to be examined as a witness in any civil or criminal litigation if there is reasonable suspicion to believe that ongoing dependency, physical injury, abuse, child abuse or child abandonment is occurring, or may occur in the future.

Miscellaneous

7.   Makes technical and conforming changes.

8.   Becomes effective on the general effective date.